In an original jurisdiction bail application, the High Court of Uttar Pradesh at Nainital disposed of an application filed by an accused in a cheating case, directing his release on bail upon furnishing sureties and executing a personal bond.
Released on bail upon executing a personal bond and furnishing two reliable sureties of equal amount.
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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction
Dated: Nainital: the 23rd day of April, 2015
Ist Bail Application No. 415 of 2015
Order on the Bail Application:
CRIMINAL SIDE
Siraj …… Applicant
versus
State …… Opposite Party
Mrs. Pushpa Joshi, Sr. Advocate assisted by Mr. Saurav Adhikari, Advocate for the applicant. Mr. P.S. Saun, Dy. Advocate General with Mr. Rakesh Kunwar, Brief Holder for the respondent State.
U.C. Dhyani, J.
Applicant Siraj, who is in jail in connection with FIR no. 585 of 2014, in respect of offences punishable under Sections 420, 467, 468, 471, 406, 504 and 411 IPC, relating to Police Station, Kashipur, District Udham Singh Nagar, has sought his release on bail.
Heard learned counsel for the parties, perused the documents brought on record and considered the grounds taken up in the bail application.
Counter affidavit filed on behalf of the State is taken on record.
An FIR was lodged against three named accused, including the applicant, on 13.12.2014, at police station, Kashipur, for the offences punishable
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under Sections 420, 467, 468, 471, 504 IPC. The incident allegedly took place sometimes between 21.09.2014 to 06.12.2014.
As per prosecution story complainant and Bhura (co-accused) had friendly relations. Bhura got introduced the complainant with the present applicant. Both of them assured the complainant that their friend Mohsin (another co-accused) is Bank Manager in S.B.I. and can help him in getting loan of rupees four crores for fishery. Believing such statement, complainant gave an advance of Rs. 2,00,000/- to them. He was demanded a sum of Rs. 20,00,000/-, in all, for getting sanctioned aforesaid loan. Accused persons duped him of his truck alongwith registration papers on said pretext. On 10.11.2014, all the three accused came to the house of the complainant with a cheque worth rupees four crores and demanded further amount of Rs. 20,00,000/-, as according to them, said cheque will only be handed over to him on payment of Rs. 20,00,000/-. On this, complainant gave his tractor, two blank cheques of his account and one blank cheque of his wife’s account. It is the allegation of the complainant, that now the accused persons are demanding more money from him by saying that the blank cheques and other documents would be returned only after the payment of Rs. 50,00,000/- be made to them.
The applicant is in jail since 06.01.2015 and has no previous criminal history.
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Learned Sr. Counsel for the applicant submitted that the applicant is ready to furnish reliable sureties to the satisfaction of the Magistrate concerned, if he is granted bail.
Considering the facts of the case, as also the grounds taken up in the bail application, this Court is of the opinion that the applicant should be granted bail.
Bail application is allowed. Let the applicant be released on bail on his executing a personal bond and furnishing two reliable sureties, each of like amount to the satisfaction of the A.C.J.M., Kashipur.
[
Dt. April 23, 2015.
Negi
1 issue framed by the court
Whether the applicant is eligible for release on bail in a cheating case.
Siraj
State
U.C. Dhyani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
